Min 05/16/1977378
Wichita Falls, Texas
Memorial Auditorium Bldg.
May 16, 1977
Items 1 & 2
The Board of Aldermen of the City of Wichita Falls, Texas, met in called
session on the above date in the Council Room of the Memorial Auditorium Building
at 8:30 o'clock A.M. , with the following members present.
J. C. Boyd, Jr. Mayor
Hardy McAlister X
Fred E. Bassett X
Carol Russell X Aldermen
Ray Ashbrook X
W. E. Ryle X
Jerry Mathis X
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson Chief Accounting Officer
Wilma J. Thomas City Clerk
The invocation was given by Don Waddell, University United Methodist Church.
Item 3
Moved by Alderman Ryle that minutes of the meeting held May 3, 1977, be approved
by correcting the name of the alderman making the motion or second in Item 5b.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 4a
Theda Gohlke was honored as Employee of the Month. Mayor Boyd presented her
with a plaque, along with two tickets each to El Babo's for a meal and to an
interstate theatre.
Item 4b
The divisional briefing of the Police Department was presented by Chief Harrelson.
Item 5a
A proposed ordinance was presented assessing costs of construction of left turn
storage bays in medians and streets.
V
ORDINANCE NO. 3189
ORDINANCE REQUIRING, AND ASSESSING THE COSTS OF, CONSTRUCTION OF
LEFT TURN STORAGE BAYS IN STREET MEDIANS AT EXISTING MEDIAN CUTS.
Moved by Alderman Ashbrook that Ordinance No. 3189 be passed.
Motion seconded by Alderman Russell.
City Manager Gerald Fox explained that this would require a developer to pay
the cost of a left turn storage bay at an existing median cut if the developer
creates the need for it. Alderman Mathis commented on possible criticism regarding
Sikes Senter Corporation's recent request. The City Manager stated that only the
drainage was waived for them.
The motion was carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 5b
A proposed ordinance was presented which would authorize letters of credit to
secure improvements in subdivisions. Alderman Ryle inquired if a letter of credit
379
Item 5b, cont'd.
can be turned into cash and the City Attorney stated that it could be when the stated
conditions have not been met. Ernest Lillard stated that they will not allow them to
file a plat until the improvements have been secured.
ORDINANCE NO. 3190
ORDINANCE AMENDING SECTION 7, SUBSECTION (1) OF ORDINANCE NO. 2118, TO
PROVIDE FOR ADDITIONAL GUARANTEES BY SUBDIVIDERS OF COMPLETION OF IMPROVEMENTS
IN NEW SUBDIVISIONS.
Moved by Alderman McAlister that Ordinance No. 3190 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 5c
Discussion was held on a proposed ordinance governing access to Kell Freeway
frontage roads. Jack Banner appeared representing property owners between Fairway
and Seymour Highway. Ray Clymer addressed Tract 3 at Barnett Road. Pollard Sealy
represented some tracts between Barnett Road and Fairway. All appeared in opposition.
It was pointed out that deeds state that access will not be denied. A motion had
previously been made and seconded for passage of the ordinance, but both were withdrawn.
Moved by Alderman Mathis that a resolution be prepared for their consideration
expressing their intent on future access between Kemp and Seymour Highway.
Motion seconded by Alderman Russell, and carried unanimously.
Item 5d
A proposed ordinance was presented establishing regular meeting dates for the Board
of Aldermen during summer months, and cancelling May 17 meeting.
ORDINANCE NO. 3191
ORDINANCE CANCELLING REGULAR MEETING OF BOARD OF ALDERMEN OF MAY 17, 1977
AND SETTING REGULAR MEETING DATES IN JUNE, JULY AND AUGUST, 1977.
Moved by Alderman Bassett that Ordinance No. 3191 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
v Item 5e
A proposed ordinance was presented establishing speed limits at certain times in
certain zones. (Southwest Parkway near Barnett Road) .
f
mw
ORDINANCE NO. 3192
AN ORDINANCE AMENDING SECTION 29-91.1 OF THE CODE OF ORDINANCES OF THE CITY
OF WICHITA FALLS, TEXAS, BY ADDING SUB-PARAGRAPH (AK) TO SECTION 29-91.1
AND, DECLARING AN EMERGENCY.
Moved by Alderman McAlister that Ordinance No. 3192 be passed.
Motion seconded by Alderman Russell, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
V Item 5f
A proposed ordinance was presented establishing no parking zone on a portion of
Lindale Street at certain times.
380
Item 5f, cont'd.
ORDINANCE NO. 3193
AN ORDINANCE AMENDING PARAGRAPH (d) OF SECTION 29-114 OF THE CODE OF
ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING NO PARKING
ZONES ON CERTAIN STREETS AND HIGHWAYS.
Moved by Alderman McAlister that Ordinance No. 3193 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
v[tem 5g
A proposed ordinance was presented adopting the Southern Standard Building Code,
1976 Edition. Discussion was held on the requirement of smoke detectors. The
v';. ordinance was written to delete the requirement; however, it was felt by the Fire
Chief that this was an inexpensive safety factor for new construction, and should
be approved.
Moved by Alderman McAlister that Section 3 be deleted.
ORDINANCE NO. 3194
ORDINANCE AMENDING SECTIONS 7-14 AND 7-15 OF THE CODE OF ORDINANCES TO
ADOPT THE 1976 EDITION OF THE SOUTHERN STANDARD BUILDING CODE.
Moved by Alderman Ashbrook that Ordinance No. 3194 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 6a
A proposed resolution was presented authorizing filing of a grant application
for Urban Mass Transportation technical studies.
RESOLUTION NO. 1960
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF
TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN
MASS TRANSPORTATION ACT OF 1964, AS AMENDED.
WHEREAS, the Secretary of Transportation is authorized to make grants for mass
transportation projects; and
WHEREAS, the contract for financial assistance will impose certain obligations
upon the applicant, including the provision by it of the local share of project costs;
and
WHEREAS, it is required by the U.S. Department of Transportation in accord with
the provisions of Title VI of the Civil Rights Act of 1964, that in connection with
the filing of an application for assistance under the Urban Mass Transportation Act
of 1964, as Amended, the applicant give an assurance that it will comply with Title
VI of the Civil Rights Act of 1964 and the U. S. Department of Transportation
requirements thereunder;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1. The City Manager is authorized to execute and file an application on
behalf of the City of Wichita Falls with the U.S. Department of Transportation, to
aid in the financing of Section 9 Technical Studies Grant, Federal Catalog Number 20.505.
SECTION 2. The City Manager is authorized to execute and file with such
application an assurance or any other document required by the U.S. Department of
Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964.
SECTION 3. The City Manager is authorized to furnish such additional information
as the U.S. Department of Transportation may require in connection with the
application or the project.
381
Item 6a, cont'd.
Moved by Alderman McAlister that Resolution No. 1960 be passed.
Motion seconded by Alderman Bassett.
Alderman Ryle commented that he wonders where we can cut down on spending money
on mass transportation. He stated that he does not buy the concept that we have to
take the federal funds offered.
The motion was carried by the following vote:
Ayes: Aldermen Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: Alderman McAlister
Item 6b
fdt
A proposed resolution was presented approving appraisals authorizing purchase of i
Kell right-of-way.
RESOLUTION NO. 1961
RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND
AUTHORIZING THEIR PURCHASE OR CONDEMNATION.
WHEREAS, it is necessary to acquire the properties hereinafter described for
construction of the listed project in the 1967 Capital Improvements Program, and,
WHEREAS, such properties have been appraised by appraisers employed by the State
Department of Highways and Public Transportation and the amount of the values as
determined from the appraisals have been studied by the Board of Aldermen, and
copies are now in the possession of the Director of Public Works and/or Assistant
City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Section No. 1 The project and properties to be purchased by Warranty Deed are
as follows:
Kell Freeway - Project 52-380
Warranty Deed
Lot 7, Block 15, I. Jalonick Addition
Lot 4, Block 15, I. Jalonick Addition
North 115 feet of Lots 1 & 2, Block 15
I. Jalonick Addition
Combined total of values approved in this resolution 29,900.00
Section No. 2 The values of such properties are hereby approved and the City
Manager is hereby authorized to purchase in the name of the State of Texas or the
City of Wichita Falls, by Warranty Deed such tracts of land as shown on the project
right-of-way map. The authorized price to be paid for such tracts is State approved
values as determined from appraisals made by real estate appraisers employed by the
State Department of Highways and Public Transportation.
Section No. 3 In event the City Manager is unable to purchase any such tract
for approved value, he is hereby authorized and directed to cause to be instituted
condemnation proceedings to obtain such tract in the name of the State of Texas or
the City of Wichita Falls.
Moved by Alderman McAlister that Resolution No. 1961 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 6c
A proposed resolution was presented authorizing updated appraisals on Kell
Freeway project.
382
Item 6c, cont'd.
RESOLUTION NO. 1962
X ., 7 RESOLUTION APPROVING UPDATED APPRAISALS OF PROPERTIES ON KELL FREEWAY
AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION.
WHEREAS, by the adoption of Resolution Nos. 1743, 1947, and 1679, the Board of
Aldermen of the City of Wichita Falls has heretofore found that it is necessary
to acquire the properties hereinafter described for construction of the Kell
Freeway, Project 52-380, and approved the appraised values of such properties; and,
WHEREAS, the appraisal of such properties have now been updated by the independent
appraiser employed by the State Department of Highways and Public Transportation to
reflect present market prices, and these updated appraisals have been approved by
the State Department of Highways and Public Transportation and have been studied by
the Board of Aldermen, and copies of same are now in the possession of the Director
of Public Works and/or Assistant City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Section No. 1 The project and properties to be purchased by Warranty Deed are
as follows:
Kell Freeway, Project 52-380
Warranty Deed
36 s.f. of Lot 12, Blk 3, John W. Thomas S/D
5,857 ac of 78.832 ac. DCSL League 1, Abs. 58 (sign)
144 s.f. of Lot 8, Blk 10, John W. Thomas S/D
Combined total of values approved in this resolution 4,570.00
Section No. 2 The updated values of such properties are hereby approved and
the City Manager is hereby authorized to purchase in the name of the State of Texas,
or the City of Wichita Falls, by Warranty Deed such tracts of land as shown on the
project right-of-way map. The authorized prices to be paid for such tracts are the
state approved values as determined from the updated appraisals (rather than the
original appraisals approved by the resolutions set out above) made by the independent
real estate appraisers employed by the State Department of Highways and Public
Transportation.
Section No. 3 In the event the City Manager is unable to purchase such tracts
for such approved updated values, he is hereby authorized and directed to cause to
be instituted condemnation proceedings to obtain such tracts in the name of the State
of Texas or the City of Wichita Falls.
Moved by Alderman McAlister that Resolution No. 1962 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 6d
A proposed resolution was presented which would authorize the City Manager to
make application for an intergovernmental personnel act grant.
RESOLUTION NO. 1963
RESOLUTION AUTHORIZING CITY MANAGER TO MAKE A FORMAL APPLICATION TO THE
TEXAS DEPARTMENT OF COMMUNITY AFFAIRS REQUESTING A GRANT OF $23,637.00
UNDER AUTHORITY OF THE INTERGOVERNMENTAL PERSONNEL ACT IN ORDER TO PARTIALLY
FUND A ONE YEAR AUTOMATED PERSONNEL RECORDS PROGRAM.
WHEREAS, a proposal for a one year Automated Personnel Records Program has been
developed with the cooperation and agreement of the City's Personnel Director,
Human Resources Director and the Chief Accounting Officer/Director of Finance; and,
WHEREAS, the total cost of the proposed Automated Personnel Records Program
would be $47,277.00; and,
383
Item 6d, cont'd.
WHEREAS, the total cost of $47,277.00 would be funded, by a grant of $23,637.00
from the Texas Department of Community Affairs through the Intergovernmental PersonnelAct, $7,879.00 would be supplied through the CETA Grant of the Human Resources
Department and the remaining $15,761.00 would be composed of in-kind contributions
of supervisory time, clerical support, and computer time; and,
WHEREAS, recurring costs commencing in October, 1978, after completion of theinitialgrant, would total $11,864.66; and,
WHEREAS, the proposed automated Personnel Records Program for the City of
Wichita Falls should result in substantial benefits and savings as compared with the
manual personnel records system now in use.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The City Manager of the City of Wichita Falls is hereby authorized to prepare and
submit an application to the Texas Department of Community Affairs requesting
23,637.00 under the Intergovernmental Personnel Act in order to partially fund a
yearlong Automated Personnel Records Program for the City of Wichita Falls, Texas.
Moved by Alderman Ashbrook that Resolution No. 1963 be passed.
Motion seconded by Alderman McAlister.
Discussion was held on this request with Assistant City Manager Voin Campbell
providing the information.
The motion failed by the following vote:
Ayes: None
Nays: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Item 6e
A proposed resolution was presented designating Lockwood Corporation property as
an industrial district and approving a contract for immunity from annexation for
five years. Under this proposal, the industry would not pay in lieu of taxes, and
would pay a 100 percent premium for water and sewer service, and a 50 percent
premium for sanitation service.
RESOLUTION NO. 1963
RESOLUTION DESIGNATING A CERTAIN TRACT OF LAND LOCATED IN WICHITA COUNTY,
AS AN INDUSTRIAL DISTRICT, AND APPROVING A CONTRACT WITH WICHITA FALLS
BOARD OF COMMERCE & INDUSTRY AND LOCKWOOD CORPORATION GUARANTEEING ITS
IMMUNITY FROM ANNEXATION FOR A PERIOD OF FIVE (5) YEARS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The certain tract of land located in Wichita County, Texas, said
land being more fully described in Exhibit A attached and incorporated herein,
being a part of the area located in the extraterritorial jurisdiction of the City ofWichitaFalls, is hereby designated as an industrial district in accordance with
the provisions of Section 5 of the Municipal Annexation Act, Article 970a of the
Revised Civil Statutes of Texas.
AW
SECTION 2. That certain contract, a copy of which is attached hereto, between
the City of Wichita Falls and Wichita Falls Board of Commerce & Industry and LockwoodCorporation, whereby the City guarantees the continuation of the extraterritorial
status of the said tract of land more fully described in Exhibit A attached and its
immunity from annexation by City for a period of Five (5) years from January 1st,1977, is hereby approved, and the City Manager is authorized to execute the same for
the City of Wichita Falls.
Moved by Alderman Mathis that Resolution No. 1963 be passed.
Motion seconded by Alderman Bassett, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Alderman Ryle stated that he is opposed to tax concessions, and that he only
went along with it because he is in favor of industrialization.
384
Item 6f
k A proposed resolution was presented approving the employment of Biggs and
Mathews for sanitary sewer improvements to General Motors plant.
RESOLUTION NO. 1964
RESOLUTION APPROVING CONTRACT WITH BIGGS & MATHEWS, INC, CONSULTING
ENGINEERS FOR ENGINEERING SERVICES REGARDING SANITARY SEWER IMPROVEMENTS
TO PROPOSED GENERAL MOTORS PLANT AND GRANTING PERMISSION TO ADVERTISE FOR
BIDS FOR CONSTRUCTION OF SUCH IMPROVEMENTS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. That certain contract, a copy of which is attached hereto, between
the City of Wichita Falls and Biggs & Mathews, Inc. , consulting engineers, providing
for engineering services regarding the construction of sanitary sewer improvements
to the proposed General Motors Plant, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
SECTION 2. Permission is hereby granted to advertise for bids for construction
of such sanitary sewer improvements.
Moved by Alderman Ryle that Resolution No. 1964 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 7a
v
Bids were considered on tennis court construction at Hamilton Tennis Center
and Lamar School. Resolutions were presented awarding the low bids.
RESOLUTION NO. 1965
RESOLUTION AWARDING CONTRACTS FOR CONSTRUCTION OF ADDITIONAL TENNIS COURTS
AT HAMILTON TENNIS CENTER.
WHEREAS, the City of Wichita Falls has advertised for bids for construction
of additional tennis courts at Hamilton Tennis Center, and eleven bids were received,
none of which bid on all of the items; and,
WHEREAS, the bid of Duke Concrete Construction Co. in the amount of $33,436.80
for concrete courts, the bid of M & F Litteken Co. in the amount of $11,854.08 for
concrete sidewalks, the bid of Ace Fence Co. in the amount of $12,580.08 for fencing,
the bid of Timmins & Anderson Corporation in the amount of $7,776.00 for asphaltic
color coat, and the bid of Jones & Cantrell Electric Co. in the amount of $6,275.00
for the electrical work, were the lowest responsible bids for each of these bid items.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Each of the above bids is hereby accepted, and the City Manager is hereby
authorized to execute a contract for the City of Wichita Falls with each of the
above bidders for the construction of the improvements as set out above.
Moved by Alderman Ashbrook that Resolution No. 1965 be passed.
Motion seconded by Alderman Ryle.
Alderman Russell inquired what guarantees we have that the work will be done
properly? The City Manager explained that we have our inspections and the one-
year guarantee on the maintenance bond.
The motion was carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
RESOLUTION NO. 1966
RESOLUTION AWARDING CONTRACTS FOR CONSTRUCTION OF TENNIS COURTS AT LAMAR SCHOOL.
Heretofore, the City of Wichita Falls advertised for bids for the construction
of tennis courts at Lamar School; bids were received from five bidders, none of whom
385
Item 7a, cont'd.
bid on all items; and,
WHEREAS, the bid of Duke Concrete Construction Co. in the amount of $16,718.40 forconcretecourts, and the bid of Ace Fence Co. in the amount of $3,188.64 for fencingwerethelowestresponsiblebids.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITAFALLS, TEXAS THAT:
Such bids of Duke Concrete Construction Co. and Ace Fence Co. are herebyaccepted, and the City Manager is authorized to execute for the City of Wichita Falls
a contract with each of such bidders for the construction of the improvements statedabove.
Moved by Alderman Bassett that Resolution No. 1966 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None
Moved by Alderman Bassett that the conditions of furnishing a certified financial
statement and acceptance of a company check as opposed to a cashier's check or bidbondasadepositbewaivedintheNoticetoBidders.
Motion seconded by Alderman Ashbrook, and carried unanimously.
v Item 7b
A proposed resolution was presented awarding the bid to Timmins-Anderson forNorthBeverlydrainage.
RESOLUTION NO. 1967
RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF NORTH BEVERLY DRIVE
DRAINAGE IMPROVEMENTS
WHEREAS, the City of Wichita Falls has advertised for bids for the constructionofNorthBeverlyDriveDrainageImprovements; and
WHEREAS, one bid was received and said bid was submitted by Timmins-AndersonInc. in the amount of $36,174.38, and it is found that said bid is fair and
responsible and should be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITAFALLS, TEXAS, THAT:
Said bid of Timmins-Anderson, Inc. in the amount of $36,174.38 is herebyaccepted, and the City Manager is authorized to execute for the City of WichitaFallsacontractwithTimmins-Anderson, Inc. for the construction of such improvements.
Moved by Alderman Mathis that Resolution No. 1967 be passed.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 8a
A proposed resolution was presented authorizing Change Order No. 1 and final
payment to Bowles Construction Company for sewer improvements to serve LockwoodCorporation.
RESOLUTION NO. 1968
RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL ESTIMATE AND ACCEPTING
CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS TO SERVE LOCKWOOD CORPORATION.
WHEREAS, the City of Wichita Falls and Bowles Construction Co. entered into a
contract dated April 21, 1976, wherein the contractor agreed to construct sanitarysewerimprovementstoserveLockwoodCorporation; and,
WHEREAS, said construction has been completed in accordance with the plans and
specifications; and,
386
Item 8a, cont'd.
WHEREAS, the contractor has submitted Change Order No. 1 and the final estimate
on this project, which final estimate shows the total amount of work done as $49,808.83,
of which $46,586.89 has been paid by the City to the contractor, leaving a balance
due of $3,221.94.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The construction of sanitary sewer improvements to serve Lockwood Corporation
is accepted by the City of Wichita Falls, the Change Order No. 1 and the final
estimate are approved, and the City Manager is directed to pay to Bowles Construction
Co. the balance due as shown on such final estimate.
Moved by Alderman Ashbrook that Resolution No. 1968 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 9
Moved by Alderman Bassett that minutes of the meetings of the Traffic Commission
held May 10, 1977, and the Board of Electrical Examiners held May 10, 1977, be
received.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 10a
Moved by Alderman Bassett that the following appointments be approved for the
1977 Board of Equalization: Tom Foley, Henry Dvorken, Warren Boone, and Jake Holmes,
as alternate.
Motion seconded by Alderman Russell, and carried unanimously.
Moved by Alderman McAlister that Ray Clymer, Jr. , Linton H. (Pete) Estes, and
Dick Waggoner be reappointed to the Housing Authority for terms to expire June 12, 1979,
as recommended by the Mayor.
Motion seconded by Alderman Bassett, and carried unanimously.
J Item 10c
Discussion was held on Southland Industries (Paul Irwin) request for continued
use of Kell right-of-way. Director of Public Works Ernest Lillard stated that the
contractor has requested that this area be turned over to him for construction by
May 21. Mr. Irwin requested that no action be taken until someone from the Highway
Department comes to Wichita Falls to study this matter.
Mr. W. C. Snodgrass, Texas Highway Department, explained that Mr. Schleider,
District Engineer, is on his way to the meeting, and would like to respond to this
matter. Mr. Schleider appeared, and stated that he has discussed this situation
with all those involved, and before the contractor can progress he will have to
put in this 18-inch pipe. He prefers not to delay any longer. They have studied
it, along with the City, Austin Office, and the Federal Highway Administration
in Austin, and he indicated that plans are in excellent shape, and feels that the
original letter of ownership on this encroachment will still stand, and he has
conveyed this information to the parties involved. The loading dock will have to go.
Alderman Bassett inquired if there is any way it can be re-designed in providing
some relief? Mr. Schleider pointed out that we have to get the right-of-way free and
clear. The ramp cannot be designed any differently. The City has agreed to furnish
the property free and clear of obstructions. This was hashed out a few years ago.
Alderman McAlister stated that he understands the problem is restricting trucks
from making a free right hand turn. Mr. Schleider stated that the plans indicate
that the ramp would be removed by the contractor. Before we can get federal aid
for this project the encroachment has to be moved out of the way. Mr. Irwin would
still have access from Indiana by turning left, and also from the alley.
City Attorney H. P. Hodge, Jr,, stated that we are not in a position to change
the contract.
387
Item 10b
Discussion was held on options for control of pornography environment. The City 4E
Manager feels that we would probably be challenged if we tried to zone these businesses.
The staff recommends spreading them out more.
Moved by Alderman Mathis that we incorporate the Detroit and Dallas controls in
this type of industry.
Motion seconded by Alderman Ryle.
Alderman Ryle agreed that morals cannot be legislated, but perhaps we can set
a tone which we feel is good for the City.
The motion was carried unanimously.
Moved by Alderman McAlister that an amendment be drafted to the liquor control
ordinance to prohibit the sale of beer and wine for on-premise consumption if any
entertainment or activity involving any nudity on the premise is present, and also
that the city work with the Alcoholic Beverage Commission in an effort to enforce
similar provisions in private clubs.
Motion seconded by Alderman Mathis, and carried unanimously.
Item 10d
Alderman McAlister inquired concerning the summer youth program. It will be
started the first of June with CETA funds. They must work for either a public or
non-profit employer in order to be paid with these funds. Alderman McAlister
requested a list of the numbers of persons they plan to hire, and where they are
going to be placed. Mayor Boyd stated that he had received many complaints about
park area employees in the past. Alderman Ryle noted that there is a limited
amount of things you can do with people who have no skills, but one of the most
important training that these young people can receive is getting to work on time.
Alderman Mathis stated that we should also be training them to expect a day's work
for a day's pay. Alderman Russell wonders if it might be more effective if the youth
were working in a concerted direction in one area? It would provide some sort of
emotional satisfaction for the individual, and something for the community to see.
Alderman Ryle questioned why First Federal was given an exception in not lining
up their new building with the churches on Taft Street? The City Manager stated
that they are only required to meet minimum requirements of 25 feet front and 15 feet
side setbacks.
Alderman Ashbrook mentioned a letter from Parish Brothers pertaining to a
V'
proposed landfill and drainage problems. City Attorney H. P. Hodge, Jr. stated that
he believes there is a dispute as to who dumped the concrete on his property, the
City or someone else.
Mayor Boyd mentioned a petition regarding an audible warning system in the V
Tanglewood area. Alderman McAlister believes this system is a farce, and if the
sirens cease to operate they should not be replaced.
Mayor Boyd also had a petition concerning citizens of River Lane area regarding 410,
lack of water or sewer service.
The Board of Aldermen adjourned at 1:03 P.M.
PASSED AND APPROVED this v day of 1977.
MAYOR
ATTEST:
CITY CLERK
THE STATE OF TEXAS X c /y _ >
COUNTY OF WICHITA
This contract made and entered into by and between the City of Wichita Falls,
Texas, a municipal corporation, hereinafter called "City", and Wichita Falls Board
of Commerce & Industry, hereinafter called "BCI" and Lockwood Corporation, here-
inafter called "Lockwood".
WITNESSETH :
WHEREAS, BCI and Lockwood is the owner of a certain tract of land, herein-
after called "Subject Property", located in Wichita County, Texas, said land being
more fully described in Exhibit A, which is attached hereto and incorporated herein,
and which land is located within City's extraterritorial jurisdiction; and,
WHEREAS, the Board of Aldermen of City has, by Resolution No. 1963 ,
designated Subject Property as an industrial district, and authorized and approved
this contract which such Board of Aldermen deem to be in the best interest of the
City.
NOW, THEREFORE, for and in consideration of the mutual covenants herein-
after contained to be performed by the parties hereto, City and BCI do hereby agree
as follows:
1. City guarantees the continuation of the extraterritorial status of Sub-
ject Property, and its immunity from annexation by City for a period of five (5)
years from January 1st, 1977.
2. City will furnish water service to BCI and Lockwood on Subject Property
at rates equal to 200% of the rates charged to users located within the City limits
throughout the term of this contract, unless City's Board of Aldermen completely
eliminates the standard out-of-city additional charge established by ordinance, in
which event BCI shall thereafter pay the same rates charged to users within the City
limits.
3. City will furnish sanitary sewer service to BCI and Lockwood on Subject
Property at rates equal to 200% of the rates charged to users located within the City
limits throughout the term of this contract, unless City's Board of Aldermen com-
pletely eliminates the standard out-of-city additional charge established by ordinance,
in which event BCI and Lockwood shall thereafter pay the same rates charged to users
within the City limits.
4. City will furnish solid waste collection and removal service to BCI and
Lockwood on Subject Property at rates equal to 150% of the rates charged to commer-
cial and business establishments within the City limits throughout the term of this
contract, unless City's Board of Aldermen completely eliminates the standard out-
of-city additional charge established by ordinance, in which event BCI shall there-
after pay the same rates charged to users within the City limits.
5. The water service, sanitary sewer service and solid waste collection
service provided to BCI and Lockwood by the City shall be subject to the ordinances
of City as presently existing and as may be hereinafter amended.
6. City will furnish fire protection service to BCI and Lockwood on Sub-
ject Property.
7. This contract does not release or waive any obligations to the City in
connection with any paving, curb and gutter, or other improvement liens which may
be assessed against Subject Property.
8. In the event BCI and Lockwood should breach any of the provisions of
this contract, and it fails to remedy such breach within thirty (30) days after having
been notified by the City to do so, then City shall have the right to terminate this
contract, and to proceed to annex Subject Property.
9. City shall initiate proceeding to annex Subject Property into the City
limits early enough to be able to complete such proceeding by December 31, 1981,
and Subject Property shall be included on the tax rolls of City on January 1, 1982.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed by their duly authorized officers on this the 16th day of May 1977.
CITY OF WICHITA FALLS, TEXAS
BY:
Gerald G Fox
ATTEST: City Manager
i-i-1(01/A'< ! //coC:
City Clerk
WICHITA FALLS BOARD OF COMMERCE
AND INDUSTRY
BY:- I ( ;[.C c q G ttf-
ATTEST: President
4
tyyam.
Secretary
LOCKWOOD CORPORATION
BY:
President
ATTEST:
is
s-r. Secretary
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Exhibit A
A tract of land out of the Thomas Curry Survey, A-345, Wichita County,Texas, and being more specifically described by metes and bounds as follows:
Beginning at the point of intersection of the West right-of-way line of a 50footwideCountyRoadandthecenterlineofBaconSwitchRoad, said point bears
West 360. 00 feet from the Northwest corner of Section 39, H. & H. G. R.R. Co.
Survey, A-161, and an ell corner of said Thomas Curry Survey, for the Northeast
corner and place of beginning of this description:
Thence West 2100. 00 feet along said centerline of Bacon Switch Road to a
point for the Northwest corner of this tract;
Thence South 1264. 01 feet to a point for the Southwest corner of this tract;
Thence East 2448.96 feet to a point in said West right-of-way line of County
Road for the Southeast corner of this tract;
Thence North 150 26' West 1311. 29 feet along said West right-of-way line
of a 50' foot County Road to the Place of Beginning and containing 66. 00 Acres,
more or less.
This tract of land is also described as Bacon Switch Addition, Block 2,
according to the plat of said subdivision recorded in the Plat Records of Wichita
County, Texas.
t
STATE OF TEXAS
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COUNTY OF WICHITA 1Z1_ '2 r{.., P .t..
This Contract , made and entered into as of the /7# day of
1978 , by and between the City of Wichita Falls ,
Wichita County , Texas (hereinafter called "Owner" ) and the firm of
Biggs 8 Mathews , Inc . , Consulting Engineer, Wichita Falls , Texas
hereinafter called "Engineer" ) .
WITNESSETH:
WHEREAS , a wastewater treatment plant and various sewage
collection lines to be connected thereto in and near the north part
of the City of Wichita Falls , Texas , is proposed ; and
WHEREAS , the firm of Biggs 8 Mathews , Inc . , is acceptable to
the Owner and is willing to enter into a contract to perform
engineering service required by the Owner;
NOW THEREFORE , it is agreed as follows :
I
The Owner hereby retains the Engineer for all engineering
services required in connection with construction of said wastewater
treatment plant and sewage collection lines .
The services performed by the Engineer in connection with
proposed improvements shall be divided into three phases , as follows :
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Phase 1 - Preliminary study and design necessary to outline
those improvements required.
Phase 2 - Preparation of detailed plans and specifications
for improvements included under Phase 1.
Phase 3 - General administration of construction of
improvements included under Phase 2 .
Phase 1 - Preliminary study and design - shall include:
a) Participation in preliminary conferences with the
Owner regarding the proposed project ;
b) Preparation of preliminary engineering layouts ,
sketches and reports required to define needed
improvements ;
c) Preparation of preliminary cost estimates of proposed
construction and participation in conferences with the
Owner' s staff and others having an interest or
responsibility with regard to the proposed project .
d) Preparation of the required forms and applications for
presentation to the regulatory agencies .
Phase 2 - Preparation of detailed plans and specifications -
shall include :
a) Establishing the scope of any soil and foundation investi-
gations which may be required and assisting in making the
necessary arrangements to be conducted for the Owner' s
account ;
b) Surveys , preliminary design and layout of the improvements ;
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c) Furnishing the engineering data necessary for
applications for routine permits by local , state
and federal authorities ;
d) Preparation of detailed plans , specifications and
contract documents for the improvements ;
e) Preparation of project quantities and cost estimates ;
f) Furnish to the Owner all necessary copies of approved
plans , specifications , notices to bidders and proposal
forms .
Phase 3 - General administration of construction - shall include :
a) Assistance in the advertisement of the project for
bids ;
b) Assistance in the opening, tabulation and analysis
of the bids received and recommendations as to the
appropriate action to be taken ;
c) Assistance in the preparation of formal contract
documents for construction contracts ;
d) Making periodic visits to the site (as distinguished
from the continuous services of a resident Project
Representative) to observe the executed work and to
determine in general if the work is proceeding in
accordance with the contract documents . In carrying
out this function, it is understood that the Engineer
does not guarantee the contractor ' s performance , nor
is he responsible for supervision of the contractor' s
operation and employees ;
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e) Consulting and advising with the Owner and preparing
routine change orders as required ;
f) Reviewing shop and working drawings furnished by
contractors for compliance with design concept and
with information given in contract documents (Contractor
is responsible for dimensions to be confirmed and
correlated at job site) ;
g) Preparation of monthly and final estimates for payments
to contractors , and furnishing any necessary certifications
as to payments to contractors and suppliers ;
h) Performing , in company with the representative of
the Owner , a final inspection of the project ;
i) Revision of construction drawings , with the assistance
of the resident Project Representative , to reflect any
revisions included in construction records ;
j ) Furnish Owner with one (1) reproducible set of "As Built"
construction drawings on Mylar Sepia Film and two (2 )
sets of prints .
II .
For the basic services performed under Section I of this
agreement , the compensation to the Engineer shall be expressed
as a percent of the cost of construction for which preparation
of plans and specifications are authorized at one time and shall be
as follows :
Sewage collection, interceptor and/or outfall lines 8 . 5%
Wastewater Treatment Plant 10 . 0%
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Cost of construction, as used herein, shall not
include the cost of legal or engineering services, the
cost of land, right-of-way or administrative expense; but
does include the direct cost of all construction contracts,
including labor, materials and equipment required for the
completed work and the total value at site of project, of
all labor, materials and equipment purchased or furnished
directly by the City for the project.
Upon completion of Phase 1 of Engineer' s services,
ten percent (10%) of the basic charge shall be due and
payable; an additional seventy percent (70%) thereof shall
be due and payable upon completion of Phase 2. The remain-
ing twenty percent (20%) shall be paid during construction
in proportion to the contractor' s earnings.
For special services such as court litigation, land
surveys for easements and land acquisition, and other mis-
cellaneous services not outlined in Section II , the Engin-
eer shall be compensated on the basis of actual salary cost
times a multiplier of 2. 25; direct expenses and subcontract
costs incurred shall be reimbursed at actual cost times a
multiplier of 1. 10. Statements for services in this cate-
gory shall be rendered monthly and payment shall be due not
less than thirty (30) days after submission of a statement.
III.
The charge provided herein shall not include property,
boundary, and right-of-way surveys, shop, mill, field or
laboratory inspection of materials; cost of test borings and
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other subsurface explorations ; copies of "As Built" plans and
specifications in excess of three (3 ) ; calculations of special
assessments ; the services of a resident Project Representative
for continuous on-the-site observance of the work; or the furnishing
of construction line and grade surveys .
If the Owner elects to have the Engineer furnish services of
a resident Project Representative for continuous on-the-site
observance of the work or the furnishing of construction line
and grade surveys , the Engineer will furnish this service at
the actual salary cost of personnel thus engaged times a multiplier
of 1. 75 ; direct expenses and subcontract cost incurred shall be
reimbursed at actual cost times a multiplier of 1. 10 .
If during the preparation of the plans and specifications , or
thereafter, the Engineer shall be required to render additional
services because of changes , or delays , or other causes beyond
his control , then the Engineer shall be compensated for such
additional services on the basis of actual salary cost of such
additional services times a multiplier of 2 . 25 , with direct expense
reimbursed at actual cost times a multiplier of 1. 10 .
IV .
It is understood and agreed that the Owner shall have complete
control of the services to be rendered and that no work shall be done
under this contract until the Engineer is instructed in writing
to proceed with the work. At the time written instructions are
given to the Engineer to proceed , evidence shall be furnished that
funds are available to pay for the services required.
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It is also understood that the Engineer will not supply
a resident Project Representative for continuous on-the-site
observance of the work or furnish construction line and grade
surveys unless instructed in writing to do so .
V .
Any provision in this contract notwithstanding , it is
specifically understood and agreed that the Engineer shall not
authorize or undertake any work pursuant to this contract ,
which work would require the payment of any charge , expense or
reimbursement in addition to the charge stipulated in Section III ,
without having first had and obtained specific written authority
therefor.
VI .
This contract shall not be assignable in whole or in part
without the consent of the Owner.
VII .
All payments for services rendered by the Engineer shall
become due and payable within thirty (30 ) days after submission
of a statement by the Engineer.
VIII .
In connection with all the work outlined or contemplated
above , it is agreed that the Owner or the Engineer may cancel
or terminate this contract upon thirty (30 ) days ' written notice
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to the other , with the provision and understanding that immediately
upon receipt of notice of such cancellation from either party
to the other all work and labor being performed under this contract
shall immediately cease , pending final cancellation at the end
of such thirty-day period, and further provided that the Engineer
shall be compensated in accordance with the terms of this agreement
for all work accomplished by him prior to the receipt of notice of
such termination.
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IN WITNESS HEREOF , the City of Wichita Falls , Texas , has caused
this contract to be executed by its City Manager and attested by
its City Clerk, and Biggs S Mathews , Inc. , Consulting Engineers ,
has caused this contract to be executed by its President and its
Secretary, with all such executions being in triplicate , each of
which shall constitute an original , and all of which has been done
as of the date here above first written.
Approved as to Form
CITY OF WICHITA FALE/S
By C/ 1 ' , `'
i.ty anager /
ATTEST:
City Clerk
BIGGS S MATHEWS , INC .
Consulting Engineers
By 9'4y .
J. E. Biggs , r. , P .E. , President
4\TTEST: Registered Professional Engineer
No . 16101
e
ecretary
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as of the date here above first written.
Approved as to Form
4Q,z,/,,,,,,
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2_, CITY OF WICHITA FALLS
v: .
By /
ity anager " 1
ATTEST:
s--,-,--1/6 1'. ? rA92 ' 54Z,,;=-zze<.--/----""
City Clerk
BIGGS a MATHEWS , INC.
Consulting Engineers
By /. .."y,yy i ' .
J. E. Biggs , r. , P .E . , President
1TEST: Registered Professional Engineer
No . 16101
I D12i!
f Secretary --
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